FUNCTIONS/UTILITY/IMPORTANCE/SIGNIFICANCE/NEED OF …



FUNCTIONS/UTILITY/IMPORTANCE/SIGNIFICANCE/NEED OF LAW

1. Understanding the complexities and components of the legal system for instance, the nature of the State and the functioning of its organs.

2. Preservation of the State and Statehood. Law ensures that the State does not become tyrannical and acts strictly within the framework provided for by the Constitution. It also guarantees that the citizens do not exceed the limitations set for them. Overall, the State functions in a smooth manner with law at its place.

3. Harmonizing conflicting interests/Balancing rights with duties. It is the task of law to harmonize the various competing interests prevalent in a society.

4. It is a necessary evil for the maintenance of public order and security.

5. Enjoyment of rights which are vulnerable to infringement. Law not only guarantees certain fundamental and legal rights, but also provides for a stringent mechanism for their enforcement.

6. Regulate human activities/conduct/behaviour.

7. Define what is permissible and what is not.

8. It is a tool for the administration of justice.

9. Act as an instrument of social change

• Law changed the society: e.g. Female foeticide, child marriage, widow remarriage.

• Society changed the law: e.g. Homosexuality (S. 377 of IPC), Live-in relationships, Anti-corruption campaign etc.

FEATURES/CHARACTERISTICS/ATTRIBUTES OF LAW/ESSENTIALS OF A VALID LAW

1. Consistency Laws should be consistent with each other. Contradictions between the prevalent laws would lead to unnecessary chaos and confusion.

2. Backed by sanction that is a force (positive or negative) which pressurizes the citizens to follow law.

3. Law must satisfy the mandate of Constitution. All laws in a country must conform to the Constitution therein. Every law which is ultra-vires the Constitution would be null and void and liable to be struck down.

4. Law is social engineering. Thus, it must cater to the needs of society.

5. Law must be a perfect balance of permanence and flexibility. If a law is too rigid, the society shall remain static since it would not be able to incorporate/meet its dynamic demands. On the other hand, an excessively flexible law would lead to chaos and confusion in the society.

6. It is a social science. The concept of law largely depends on the social values, accepted norms and behavioural patterns of a particular society at a given time. At the same time, it is systematic and backed by proper research/planning. Thus, it is often referred to as both, an art and a science.

7. Voice of the “Volksgeist”. As propounded by Savigny, law must draw influence the popular consciousness or the spirit of the people.

8. Cannot be defined with precision. Every person defines law according to his own perception of it. For instance, an ordinary citizen may think that it is something which he must obey, a policeman or an administrator may define law in terms of power-conferring rules and a lawyer may think that it is something which is applied to settle the disputes.

NOTE: Please incorporate the additional points given in class notes for an answer on “ESSENTIALS OF A VALID/GOOD LAW”

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